Introduction
Welcome to Bon ENT. These Terms of Use ("Terms") govern your access to and use of the music distribution services, websites, and applications (collectively, the "Services") provided by Bon ENT ("we," "us," or "our"). Please read them carefully.
1. The Services
Bon ENT offers a suite of services for independent musicians and labels. Our primary service is to distribute your sound recordings and audiovisual works ("Content") to digital streaming and download platforms (e.g., Spotify, Apple Music). We may also offer additional services, such as studio recording, mixing, mastering, and promotional support.
2. Your Account with Bon ENT
To use the Services, you need to create an account. You must be at least 18 years old. You are responsible for providing accurate and complete information and for keeping your account password confidential. You are solely responsible for all activities that occur under your account.
3. Your Content & Sole Responsibility
You keep 100% ownership of your Content. We do not take any copyright ownership of your music. However, to allow us to distribute your music, you grant us a worldwide, non-exclusive license to ingest, copy, format, and deliver your Content to the digital platforms you select.
Crucially, you represent and warrant the following:
- You are solely responsible for your Content. You confirm that you have created all the Content you upload, or you have secured all necessary rights, licenses, and permissions from all third parties (e.g., producers, co-writers, featured artists, and owners of any samples used) to permit us to distribute it.
- Your Content is your legal responsibility. You understand that Bon ENT is a service provider and does not take on any legal liability for the Content you distribute. You agree to be solely responsible for any and all legal claims, copyright infringements, or disputes that arise from your Content.
- No Infringement. Your Content does not and will not infringe upon the copyrights, trademarks, publicity rights, or any other rights of any person or entity.
Bon ENT is not a law firm and we cannot provide you with legal advice. You are responsible for clearing all rights to your music before uploading it for distribution.
4. Distribution and Royalties
We will make your Content available on the platforms you choose. We will collect all royalties and payments generated from the streams and sales of your Content on your behalf. Our service operates on a revenue-sharing model. We will pay you a percentage of the Net Income we receive from the platforms, as detailed in your account dashboard. "Net Income" means the actual gross earnings we receive, less any taxes, processing fees, or other platform-specific deductions.
You are responsible for paying any and all applicable taxes on the royalties you earn.
5. Prohibited Use
You may not use the Services for any fraudulent or illegal activity. This includes, but is not limited to, uploading infringing content, artificially manipulating stream counts (streaming fraud), or engaging in any activity that violates the terms of the digital platforms.
6. Termination
You can request to take down your releases and terminate your account at any time. We may, at our sole discretion, suspend or terminate your access to the Services if you breach these Terms. If your account is terminated due to a breach (e.g., copyright infringement), you may forfeit any unpaid royalties.
7. Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS." BON ENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS WILL NOT EXCEED THE AMOUNT OF ROYALTIES WE HAVE PAID YOU IN THE PRECEDING SIX MONTHS.
8. Changes to These Terms
We may update these Terms from time to time. If we make significant changes, we will notify you, for example, by posting a notice on our website or sending you an email. Your continued use of the Services after such changes will constitute your acceptance of the new Terms.